Party walls; method statements; detailed plans; balcony; structural engineers Facts: Part of the roof-level cornice from a building owner’s property fell and damaged a first floor balcony spanning both the building and adjoining owner’s properties. An award was made authorising Read More
Mills v Savage (15th June 2016)
Mills v Savage (Unreported, 15th June 2016) Central London County Court Transcript available from: Mills v Savage CLCC 15th June 2016 Summary: This was a hearing of three preliminary issues in relation to three separate party wall appeals brought by the Mills against Read More
Mohamed & Lahrie v Antino & Stevens (13th December 2017)
Injunction against surveyors after settlement agreement between parties; whether a dispute still existed for the purposes of section 10. Authorised judgment here: Mohamed & Lahrie v Antino & Stevens 13th December 2017
Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235
Nelson’s Yard Management Company v Eziefula [2013] EWCA Civ 235 Click here for link to the judgment. Summary: A party who unilaterally discontinues legal proceedings is usually required to pay the other side’s costs. That ought always to be borne in mind when an adjoining owner is considering Read More
Nutt v Podger 28 April 2021
Party walls; trespass; nuisance; damages Case Summary: In this case the Claimant, Mr Nutt, sued for an injunction and damages in respect of notifiable works carried out by the Defendants, Mr Podger and his SPV company, Veda Road Limited. In Read More
Onigbanjo v Pearson Mayors & City of London Court 20th June 2008
The interpretation and application of the dispute resolution procedure under section 10 of the Act and reasonable costs. Authorised judgment here: Onigbanjo v Pearson Judgment
Ormiston-Kilsby v Fatahi, 9th May 2019
Party walls; failure to serve notice; mandatory injunction Facts: the Defendant’s builders commenced work on a roof extension which included notifiable works, the Defendant having agreed in the building contract to take responsibility for serving the requisite notices, but not Read More
Patel v Peters (27th March 2014)
Appeal against ex parte award made under section 10(6) and (7). First consideration of an ex parte award by the CA. Authorised judgment here: Patel v Peters [2014] EWCA Civ 335 Also reported at Patel v Peters [2015] 1 WLR 179
Property Supply and Development Ltd v Verity 17th December 2015
Application of section 10(4) of the Act – appointing the ‘other side’s surveyor’; invalid Addendum Award. Authorised judgment here: Property Supply and Development Ltd v Verity 17th December 2015
R on the application of Subramaniam v City of London Magistrates Court [2019] EWHC 1240 (Admin)
Party walls; enforcement of awards; Magistrates; Construction of award; whether award conclusive under section 10(16) Summary: An attempt to enforce payment of section 7(2) compensation provided for in an award failed on appeal, when the court held that the award Read More